Appellate Advocacy Blog

Editor: Tessa L. Dysart
The University of Arizona
James E. Rogers College of Law

Thursday, November 21, 2019

Transparency in the Federal Appellate Courts

Via SCOTUSBlog, I just discovered Fix the Court, an advocacy group that is a self-proclaimed watchdog for the highest court in our land. The group recently released a report in which it assesses the transparency of the federal courts, and it found that the Supreme Court comes in dead last.

The categories of assessment were broadcast access, availability of oral arguments calendars and new opinions, communications with the public, and work place conduct (including conflicts of interest) and judicial wellness. After rating all the federal circuit courts and the Court, Fix the Court scored the Ninth Circuit the highest, then the D.C. Circuit, with a tie between Third and Fifth Circuit, and then screaming in at fourteenth place was the Supreme Court. 

For the Supreme Court, broadcast availability has been a matter of interest over the years. To date, the Court has not seemed too serious about considering the addition of these capabilities because of a concern that there will be interference with the judicial process.  Widespread public viewing could improperly cause all involved (lawyers and justices) to play for a different audience than simply those present in the courtroom at the time, and further politicize a body that must remain far away from politics.

It's legitimate concern, but time moves on, as does technology. Broadcasting could be minimally intrusive, and a process that is well ensconced in tradition but removed from significant from public viewing might be made more open and thereby trustworthy to the population. Due to the lightening speed spread of news, it could be (a slight) step ahead of the inevitable if cameras were finally let into the Court. 

https://lawprofessors.typepad.com/appellate_advocacy/2019/11/transparency-in-the-federal-appellate-courts.html

Federal Appeals Courts, Television, United States Supreme Court | Permalink

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